To which court is the claim filed?

We draw up a petition

Let us note right away that litigation is a rather expensive undertaking. Before collecting a set of documents, we recommend that you calculate at least the approximate cost of such expenses. Many people try to participate in the process alone. Unfortunately, this is not always a good idea. Let’s look at cases when it’s wise to act independently:

Difficult financial situation. Not every person can afford to bear the huge expenses associated with litigation. Therefore, there are people who take up this matter, neglecting the services of specialists.
The cost of a lawyer's services is much higher than the cost of the claim. More and more legal firms are appearing on the market day by day. Prices for their services vary, but a competent lawyer will price their work at a higher price. Of course, if the claim is priced lower than the cost of a specialist’s services, people do not accept such help.
Reluctance to talk about your problems to third parties.
Practice, getting better.

The statement of claim must reflect the entire essence of the requirements with their justification. At the moment, there is no single accepted form of the document; it can be drawn up in any version, but in compliance with certain rules. The document must contain:

Name of the court.
Last name, first name and patronymic of the applicant.
Address. If the place of registration does not coincide with the place of residence, then two addresses must be indicated. In addition, write down your contact information.
Last name, first name and patronymic of the defendant. They can be either an individual or a legal entity. There may be several defendants at once.
Grounds for filing a petition and evidence base. All claims must be confirmed. Evidence may include contracts, receipts, examinations and other documents.
Applicant's requirements. Here it is important to correctly and specifically formulate what the injured party ultimately wants to receive. For example, return of funds, property
If the contract specifies a clause for pre-trial conflict resolution, then you need to attach documents that can confirm that the person has made attempts to resolve the dispute peacefully.
Cost of claim. Not all claims can be assessed, but if the claim is property, then it will not be difficult for a person to calculate it. A paper with detailed calculations must also be attached to the application.
List of applications. Each supporting document must be specified in the application.

Pre-trial dispute resolution

If the contract contains a clause on the pre-trial procedure for resolving the conflict, then the plaintiff is obliged to comply with it. Often the dispute is resolved without going to court. The plaintiff and defendant independently find a compromise solution. However, if attempts do not bring the desired result, you can begin to file a claim. In this case, the judge will be even more favorable to the injured party.

It is recommended that the claim be made in writing. You can send it in person or by mail. In the body of the letter, reflect your requirements and reasons for contacting the defendant.

Military proceedings

Military courts deal with civil and administrative cases involving military personnel. Disputes may also arise after dismissal from service. There are frequent disputes about the rights to housing and the amount of accrued pension, etc.

Military personnel are not only those who serve in the army, but also employees of the FSB, FSO, and other departments whose status is equal to that of the military, as well as those serving as part of retraining.

The jurisdiction of courts is determined by procedural codes. The principles of filing a claim at the location or residence of the defendant, at the choice of the plaintiff, are involved.

Cases at first instance are considered by regional garrison courts. The courts of federal cities are considered less busy.

It is not difficult to figure out which court to file a claim regarding military service, since there is only one institution in the regions.

Regulations for drawing up statements of claim

All rules for drawing up claim documents are strictly regulated by the APC, Civil Procedure Code, and CAS of the Russian Federation. The standard requirements look like this:

Written version of the application. Only this form is allowed when applying to a judicial authority. The oral form is completely excluded. All your demands and objections are formed only in this format. Each party can give explanations orally.
Text content. It is important to indicate complete information about the defendant and plaintiff, their residential addresses or locations, the grounds for the dispute, motives, links to regulations, and requirements.

It is extremely important to describe only those conditions that were violated by the defendant. There is no need to refer to secondary facts and arguments that will have little influence on the final decision. All this can only delay the process and will not bring the desired result.

Note! It is not allowed to apply to the courts without observing the above formalities.

Options for going to court

There are several ways to file a claim with a judicial authority:

Personally through the court office.
Through a trusted person. In this case, the representative must have a power of attorney certified by a notary office.
By post.
Through the Internet portal. To do this, the user must have an activated account on the State Services portal. He also needs to obtain an electronic enhanced signature.

Note! The application must be sent according to the number of participants in the trial; one copy is also submitted to the court. Be sure to check the application attachments. Carefully consider this issue, as incompleteness will serve to further refuse to consider the claim.

How to choose the right court to which to file a claim?

Many citizens have difficulties and questions about how to choose the right court to which to file a claim? In court, a dispute is resolved only when there is a dispute about the right. For example, a number of issues can be resolved in government bodies. However, if a dispute arises, then, of course, it is necessary to go to court. How to determine which court to go to? This depends, first of all, on the nature of the dispute. Is it related to business activities or not? If the dispute is related to the economic activities of a citizen registered as an entrepreneur without forming a legal entity, then the case is considered by an arbitration court. If a citizen-entrepreneur simply wants to dissolve the marriage, then he has nothing to do in arbitration. Courts of general jurisdiction do not consider economic disputes and other cases referred by federal laws to the jurisdiction of arbitration courts (Part 3 of Article 22 of the Civil Procedure Code of the Russian Federation). And if the dispute is not of an economic nature and is not within the exclusive competence of arbitration courts (Article 33 of the Arbitration Procedural Code of the Russian Federation), then it will be under the jurisdiction of a court of general jurisdiction (these are city and district courts). The competence of the city/district court is determined on a residual basis, i.e. District courts hear at first instance all civil cases, with the exception of those that are assigned by special rules to the competence of justices of the peace, regional courts, the Supreme Court of the Russian Federation, as well as military and other specialized courts. In addition, district courts hear cases of administrative offenses. The competence of the magistrate (Article 23 of the Code of Civil Procedure of the Russian Federation) includes the consideration of such disputes as:

1) cases of issuing a court order;

2) cases of divorce, if there is no dispute about children between the spouses;

3) cases of division of jointly acquired property between spouses with a claim price not exceeding fifty thousand rubles;

4) other cases arising from family legal relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, limiting parental rights, adoption of a child, other cases of disputes about children and cases on the recognition of marriage as invalid;

5) cases on property disputes, with the exception of cases on inheritance of property;

6) cases on determining the procedure for using property.

Regional and regional courts consider, for example, cases such as:

1) related to state secrets;

2) on challenging normative legal acts, acts containing clarifications of legislation and having normative properties, government bodies of the constituent entities of the Russian Federation, representative bodies of municipalities;

3) on the suspension of activities or on the liquidation of regional branches or other structural divisions of political parties, interregional and regional public associations;

4) on the termination of the activities of mass media, the products of which are intended for distribution in the territory of one constituent entity of the Russian Federation;

5) on challenging decisions of election commissions of constituent entities of the Russian Federation;

6) on the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time in cases within the jurisdiction of magistrates and district courts;

7) to challenge the results of determining the cadastral value and other important disputes.

Thus, the choice of the court to which the statement of claim is filed is determined by the nature of the legal relations that have developed between the Parties to the dispute, their status, and the subject of the dispute. It is important to draw the following conclusions:

Firstly, if the dispute arises from entrepreneurial activity or is related to membership in any organization (business society, consumer or production cooperative), the dispute must be submitted to an arbitration court for consideration. If the dispute is related to the ordinary activities of a citizen, which is not of an entrepreneurial nature, for example, with the acquisition of goods, works, services for personal consumption, the statement of claim must be submitted to a court of general jurisdiction.

Secondly, disputes arising from administrative legal relations: appeals against non-normative legal acts, decisions concrete on bringing to administrative liability, etc., a statement of claim for consideration by a court of general jurisdiction, if one of the parties is a citizen, is referred to the arbitration court, if one of the parties to the dispute is a business entity: a legal entity or an individual entrepreneur.

Thirdly, in addition to all of the above, we should not forget that the parties at any stage of the trial may refer the case to the Arbitration Court, for example the Arbitration Court. To submit any disputes arising from a specific agreement to this arbitration tribunal, it is sufficient to provide in the agreement the following condition: “DISPUTE RESOLUTION: Any disputes arising between the parties in connection with the execution, conclusion or termination of this Agreement or in connection with it are resolved by negotiations, and in case of failure to reach an agreement, they are subject to transfer for consideration and final resolution to the Arbitration Court; the Parties are familiar with the Rules of the Arbitration Court. The decision of this court is final for the parties and is not subject to appeal.” If there is such a condition in the Agreement, all disputes of the Parties will be considered in arbitration, which significantly saves time and money of the parties.

It is also necessary to know such basics regarding employees and employers. Consider, for example, a common category of disputes—labor disputes. Individual labor disputes are resolved by a labor dispute commission, and then by a court or directly considered in court without recourse to the commission. According to Art. 391 of the Labor Code of the Russian Federation, individual labor disputes based on employee applications are considered directly in the courts:

— reinstatement at work, regardless of the grounds for termination of the employment contract;

— about changing the date and wording of the reason for dismissal;

- about transfer to another job;

- about payment for the time of forced absence or about payment of the difference in wages for the time of performing lower-paid work;

— about unlawful actions (inaction) of the employer when processing and protecting the employee’s personal data.

The courts directly consider the employer's claims for compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws.

Individual labor disputes are considered directly in the courts:

- refusal to hire;

— disputes between persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations;

— persons who believe that they have been discriminated against.

Other labor disputes, for example, disputes over payment of overtime work, payment of bonuses, as a general rule, are first considered by the labor dispute commission, and only then in court. At the same time, the employee is not deprived of the right to go directly to court, bypassing the commission. Depriving him of such a right would mean a violation of the constitutional right of citizens to judicial protection.

Collective labor disputes can be resolved by conciliation commissions, mediators, labor arbitrations and, of course, courts.

Thus, the existence of a dispute about law is a necessary prerequisite for the dispute to be considered by the court.

The rules of territorial jurisdiction will help you decide which magistrate or district court you should contact.

As a general rule, a claim is filed at the place of residence of the defendant-citizen or the location of the defendant-organization (Article 28 of the Code of Civil Procedure of the Russian Federation). This rule applies if there are no other grounds, exceptions to the rules, etc. In some cases, the law allows the plaintiff to choose one of several courts specified in the law (the so-called alternative jurisdiction). If the defendant’s place of residence is unknown or the defendant does not have a place of residence in the Russian Federation at all, then the plaintiff may apply to the court at the location of the defendant’s property or at his last known place of residence in the Russian Federation. If a claim is brought against an organization in connection with the activities of its branch or representative office (for example, a regional branch of a bank or educational institution), then the claim may also be brought to the court at the location of its branch or representative office. The claim for the collection of alimony and the establishment of paternity may also be submitted by the plaintiff to the court at the place of his residence. A claim for divorce can also be brought at the place of residence of the plaintiff - if a minor lives with the plaintiff or, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence. A claim for compensation for damage caused by injury (other damage to health) or as a result of the death of the breadwinner may also be brought by the plaintiff to the court at the place of his residence or the place where the harm was caused. Claims for the restoration of labor, pension and housing rights may also be brought to the court at the plaintiff’s place of residence. Claims for the protection of consumer rights can also be brought to the court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract. A claim against several defendants residing or located in different places is brought to the court at the place of residence or location of one of the defendants at the choice of the plaintiff. Claims against carriers arising from contracts of carriage are filed in court at the location of the carrier against whom the claim was filed in the prescribed manner. In any case, the choice of court remains with the plaintiff.

Conflict resolution through the courts

If the applicant was unable to resolve the conflict with the defendant through peaceful means, then there is no need to hesitate. The next step should be to file a claim. With its help, you can restore violated rights and interests. Here the question immediately arises: where to file a claim? Let's look at the disputes that the world court resolves:

Termination of the marriage contract, but on the condition that the participants have no claims against each other.
Termination of a marriage contract with subsequent division of property, the value of which does not exceed 50,000 rubles.
Resolving family conflicts.
Property litigation, but provided that there are no violations of the law in the inheritance.
Issuing writs without taking into account the cost of the claims.
Deciding on the use of property.

All other conflicts are resolved by filing a petition with a claim in the city or district court.

Expert opinion

Makarov Evgeniy Sergeevich

Arbitration manager with more than 10 years of experience

It is important to note that the document is sent to the place of residence or registration of the defendant. This applies to both individuals and legal entities. In the court itself, the applicant must figure out which area he belongs to, since the area is divided into parts. The choice of site directly depends on the location of the defendant. If a citizen knows him, then it will not be difficult to decide.

What claims does the magistrate consider?

Justices of the peace are divided into sections. You can determine the area of activity of the justice of the peace using their website or call the court directly. This information is also available at the stands of the magistrate court.

The magistrate considers the following applications:

about issuing a court order. At the same time, regardless of the amount collected.
on divorce in the absence of a dispute about the place of residence of joint children.
on the division of jointly acquired property, if the total price of the property does not exceed fifty thousand rubles.
property disputes, if the total cost of the claim does not exceed fifty thousand rubles.
applications to determine the procedure for using property (disputes about the use of a motor vehicle, residential premises and other property that is jointly owned).

To which court is the petition sent?

The applicant must independently select the court in which he plans to file the application. This can be done based on article number 29 of the Civil Procedure Code of the Russian Federation. What does it say?

If the plaintiff does not have information about the whereabouts of the defendant, then he can send an application to the location of the recovered property or to the last place of residence of the defendant.
If a petition with a claim is filed on a legal entity that has several branches, then it can be sent to the location of any of these branches.
Proceedings for collecting alimony payments or establishing paternity can begin at the place of registration or residence of the applicant.
The divorce process is carried out at the place of registration or residence of the applicant, but only if he has a minor child under his guardianship. And also if the plaintiff for health reasons cannot travel to another region or city.
The petition of claim is filed at the place of residence of the plaintiff in the following cases: satisfaction of a claim for injuries caused, if the defendant caused harm to health, death of the breadwinner due to the fault of the defendant.
Restoration of pension or housing rights, return of property or its original value, compensation for damage due to wrongful conviction, wrongful criminal or administrative prosecution, illegal imprisonment, illegal seizure - all this is grounds for filing a claim at the place of registration or residence of the applicant .
A petition for compensation for damage incurred due to a collision between ships, compensation for wages and salaries that are due to personnel directly on the ship, the cost of social insurance contributions, rewards for providing free assistance at sea.
Statements of claim to resolve labor disputes, if the contract specifies the place of execution.

Price and composition of the claim

After the plaintiff has chosen the desired court, it is necessary to calculate the cost of the claims that he stated in the document. As a rule, this is material damage. Compensation for material damage includes: the cost of fines, penalties, penalties, the cost of inventories, the cost of treatment in a medical institution due to the fault of the defendant.

Expert opinion

Makarov Evgeniy Sergeevich

Arbitration manager with more than 10 years of experience

If several defendants are involved in the paperwork, then it is necessary to calculate the cost of the claim for each of them. It is advisable to attach to the application a claim for pre-trial settlement of the situation. All supporting documentation must be included in the application.

Submitting an application

Undoubtedly, it is much easier for people with basic legal knowledge to draw up a statement of claim. However, an ordinary person can arrange it on his own, even if it takes a little more time. On the Internet you can now find many sample claims, which already contain links to legislative acts.

After drawing up the petition, you can send it to the court. The main thing is to make sure that the applicant has an accurate set of documentation. If everything is in order, then feel free to hand it over to the office. The court employee must endorse the plaintiff's copy, which means acceptance for work.

If the judge finds no violations, he will consider the application. After a detailed study of the paperwork and all available evidence, the judge will set a date and time for the trial. As a rule, notification is sent by mail. Sometimes they can also notify you of the start of the hearing by calling the phone number indicated in the statement of claim.

Is it possible to file a claim at the place of residence of the plaintiff?

Under certain conditions, the plaintiff can bring a claim in court at his place of residence. In what cases can a plaintiff do this?

If the plaintiff makes a claim for alimony;
If the plaintiff files a claim to establish paternity;
When filing a claim for divorce, if there are minors with the plaintiff, or the plaintiff’s health condition makes it difficult for him to travel to the defendant’s place of residence;
A claim related to compensation for damage caused by injury, other harm to health or as a result of the death of the breadwinner;
If the plaintiff goes to court with a claim regarding the restoration of pension and housing rights, the return of property or its value;
In the event of filing a claim in court for compensation for losses that were caused to a citizen due to an illegal conviction, criminal prosecution, as well as in connection with illegal detention, the choice of a preventive measure in the form of a recognizance not to leave, or an illegal administrative appointment punishment in the form of arrest;
A claim regarding the protection of the rights of the subject of personal data,
A lawsuit aimed at stopping the search engine operator from issuing links that allow access to information on the Internet;
If the plaintiff goes to court with a demand for restoration of labor rights;
On disputes regarding the protection of consumer rights.

Assistance from a lawyer in drawing up a statement of claim

Save time, since a competent lawyer will draw up a claim correctly the first time. An ordinary person may not notice important details, which will lead to a refusal to consider the case or the application will be sent for elimination of shortcomings.
All requirements of the applicant must be based on legislative acts. The lawyer will be able to select the norms of the law that will suit each of the plaintiff’s requirements.
The petition will be presented in a language understandable to the judge, which is very important. The document will be informative and concise, there will be no unnecessary information or “water” in it.
The lawyer will be able to independently choose the court to which the claim will subsequently be sent.
The lawyer will be able to answer all of the plaintiff’s questions, and he will also solve all problems with minimal participation of the applicant. He will send the necessary requests, collect witness statements and documentation. All this seriously saves time.